CRIMINAL COVER SHEET

Form CAND-CRIM-COVER (Rev. 11/16)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CRIMINAL COVER SHEET

Instructions: Effective November 1, 2016, this Criminal Cover Sheet must be completed and submitted, along with the Defendant Information Form, for each new criminal case.

CASE NAME: CASE NUMBER:

USA V. CR

Is This Case Under Seal? Yes No

Total Number of Defendants: 1 2-7 8 or more

Does this case involve ONLY charges under 8 U.S.C. § 1325 and/or 1326?

Yes No

Venue (Per Crim. L.R. 18-1): SF OAK SJ

Is this a potential high-cost case? Yes No

Is any defendant charged with a death-penalty-eligible crime?

Yes No

Is this a RICO Act gang case? Yes No

Assigned AUSA (Lead Attorney):

Date Submitted:

Comments:

JOSE GARCIA, et al

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Kevin Rubino, AUSA'S 8/11/2021

RESET FORM SAVE PDF

21-311 BLF

FILED

SUSANY. SOONG

CLERK, U.S. DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO

Aug 12 2021

United States District CourtFOR THE


UNITED STATES OF AMERICA,

V.

VENUE:

DEFENDANT(S).

A true bill.

Foreman

Filed in open court this __________ day of

_________________________________.

____________________________________________ Clerk ____________________________________________

Bail, $ _____________

SAN JOSE

JOSE GARCIA, a.k.a. “Bones,” JUAN GONZALEZ, a.k.a. “Crazy Indian,”

a.k.a. “Trigger,”PAUL VALENZUELA, a.k.a. “One Eye,”

CALEB ELLER, a.k.a. “Chuckles,” a.k.a. “Shank,”

KYLE LEONIS, a.k.a. “Little Green,” and JUAN DOMINGUEZ, a.k.a. “Green Eyes,”

a.k.a. “Nito,”

INDICTMENT

18 U.S.C. § 1951(a) – Conspiracy to Commit Hobbs Act Robbery; 18 U.S.C. § 1959(a)(5) – Conspiracy to Commit Murder in Aid of Racketeering;

18 U.S.C. § 1959(a)(6) – Conspiracy to Commit Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury in Aid of Racketeering;

18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) – Forfeiture Allegation

/s/ Foreperson of the Grand Jury.

12th

August 2021

No Bail - Warrant

FILED

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SAN FRANCISCO

Aug 12 2021

CR21-311 BLF

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STEPHANIE M. HINDS (CABN 154284) Acting United States Attorney

UNITED STATES DISTRICT COURT


SAN JOSE DIVISION

UNIITED STATES OF AMERICA,

Plaintiff,

v.

JOSE GARCIA, a.k.a. “Bones,” JUAN GONZALEZ, a.k.a. “Crazy Indian,” a.k.a. “Trigger,”PAUL VALENZUELA, a.k.a. “One Eye,”CALEB ELLER, a.k.a. “Chuckles,”a.k.a. “Shank,”KYLE LEONIS, a.k.a. “Little Green,” andJUAN DOMINGUEZ, a.k.a. “Green Eyes,”a.k.a. “Nito,”

Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO.

VIOLATIONS: 18 U.S.C. § 1951(a) – Conspiracy to Commit Hobbs Act Robbery; 18 U.S.C. § 1959(a)(5) – Conspiracy to Commit Murder in Aid of Racketeering; 18 U.S.C. § 1959(a)(6) – Conspiracy to Commit Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury in Aid of Racketeering; 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) – Forfeiture Allegation

SAN JOSE VENUE

UNDER SEAL

I N D I C T M E N T

The Grand Jury charges, with all dates being approximate and all date ranges both approximate

and inclusive, that at all times relevant to this Indictment:

Introductory Allegations

1. La Nuestra Familia – Spanish for “Our Family” and also known as the “NF” – was a prison

gang operating in the California state prison system. The NF was and continues to be composed of a

relatively small number of made members. Falling under the NF, and carrying out its will, was the body

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oftentimes referred to as the “Northern Structure” (or the “NS”). Under the NS, and subject to NF and

NS supervision, were Norteño street gangs established in numerous cities and counties – and in jails and

prisons – throughout Northern California and elsewhere.

2. Outside of custodial settings, the NF organized its subordinate groups into established

geographic territories called “street regiments.” The city of San Jose and the encompassing Santa Clara

County were controlled by one regiment known as the “Santa Clara County Regiment.” Within each

street regiment, Norteño street gangs were typically divided into smaller subsets or “hoods” based on the

local neighborhoods where their members resided or were actively engaged in gang activity. Each

Norteño hood had a name and its members and associates met and worked together to carry out their

illegal activities for their own individual benefit, the benefit of their particular Norteño hood, the benefit

of Norteños generally, and the benefit of the NF/NS.

3. One important purpose of having established street regiments was to generate money that

was then appropriately distributed within the NF and its subordinate organizations. Typically, these

financial contributions to the street regiments took the form of monthly “dues” or “contributions” paid by

Norteño street gang members and/or taxes on profit from illicit activities such as drug dealing.

4. Within the ranks of Norteños, the commission of violence was often the quickest way for

a Norteño street gang member to earn promotion and prestige. Such violence was often directed at rival

street gangs, including rival Sureño1 street gangs, for the purposes of retaliation, in furtherance of their

illicit activities, to control and maintain territory, to assert their gang identities, or to respond to a

challenge. Norteños also engaged in violence to recruit and influence non-gang members, to gain

notoriety and respect, and to dissuade potential witnesses (both members and non-members) from

reporting crime(s) or cooperating with law enforcement.

5. Norteños generally also utilized violence or threats of violence to control their own

members and associates, to enforce their established rules, and to strike at those who posed a threat to

them. A member who committed a minor rule violation could be subject to discipline, such as a minor

fine or physical assault. In contrast, a member who committed a major rule violation, such as dropping

1 Similar to the relationship between the NF and Norteño street gangs, Sureños are subordinate and pledge allegiance to the Mexican Mafia prison gang.

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out of the gang or cooperating with law enforcement, would be subject to a harsher penalty, including

death.

6. Outside of violence, Norteños earned promotion and prestige through the commission of

criminal activities benefitting the gang and/or by spending time in jail or prison. Norteños committed

crimes such as robbery and narcotics trafficking to enrich themselves and the NF. A portion of the

proceeds of this illicit activity and monthly “dues” or “contributions” were paid to the regiment for

distribution within the NF and its subordinate groups. The commission of the criminal activities

(including acts of violence), was often referred to as “putting in work.” The more “work” done by an

individual member and/or the more financial benefit provided to the gang, the more favorably such

member is looked upon by other Norteños or NF/NS members.

7. Norteños identified themselves with the color red and the number “14” in various forms.

The number “14” corresponded with the letter “N,” which is the fourteenth letter of the alphabet; the letter

“N,” in turn, is a reference to Norteños or the NF. These and related symbols were often displayed by

Norteño criminal street gang members in tattoos, graffiti, drawings, hand signs, and on clothing as a way

of displaying their affiliation, loyalty, and commitment to the gang.

The El Hoyo Palmas Street Gang

8. Falling under the NF’s Santa Clara County Regiment was the Norteño street gang known

as the El Hoyo Palmas street gang, also known as “EHP.” EHP was a multi-generational Norteño street

gang formed in the 1970s. EHP members and associates operated in and around the San Jose area, as well

as in various jails/prison facilities.

9. Like all Norteño street gangs, EHP paid allegiance to, and often served as foot soldiers for,

the NF and its regiment. As such, EHP members committed a wide variety of crimes for the benefit of

EHP, as well as for the benefit of Norteños and the NF/NS generally. These crimes included, but were

not limited to acts involving murder, robbery, obstruction of justice, witness intimidation, distribution of

narcotics, and various firearms offenses. As provided herein, EHP, like other Norteño street gangs,

provided money to the Santa Clara County Regiment, through profits from illicit activity and monthly

“dues” or “contributions” to the NF.

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The Racketeering Enterprise: the El Hoyo Palmas Gang

10. The El Hoyo Palmas gang, including its leadership, members, and associates, in the

Northern District of California, the State of California, and elsewhere, constituted an “enterprise” as

defined in Title 18, United States Code, Section 1959(b)(2) (hereinafter “the Enterprise”), that is, a group

of individuals associated in fact that was engaged in, and the activities of which affected, interstate and

foreign commerce. The Enterprise constituted an ongoing organization whose members functioned as a

continuing unit for a common purpose of achieving the objectives of the enterprise.

Purposes of the Enterprise

11. The purposes of the El Hoyo Palmas Enterprise included the following:

a. Generating revenue and profits for the Enterprise and the larger NF organization

through, among other acts, narcotics trafficking, robbery, and other criminal activities;

b. Providing financial support and information to its members and associates;

c. Preserving and protecting the power, territory, reputation, and profits of the

Enterprise through the use of intimidation, violence, threats of violence, assaults, and acts

involving murder;

d. Promoting and enhancing the Enterprise and the activities of its members and

associates through, among other acts, acts involving murder, narcotics trafficking, robbery,

and other criminal activities;

e. Keeping rival gang members, potential informants and witnesses against the

Enterprise, other victims and potential victims, fellow gang members, and community

members in fear of the Enterprise and its members and associates through violence and

threats of violence; and

f. Protecting the Enterprise’s members and associates who committed crimes by

hindering, obstructing, and preventing law enforcement officers from identifying the

offenders, apprehending the offenders, and successfully prosecuting and punishing the

offenders.

Means and Methods of the Enterprise

12. Among the means and methods by which the members and associates of the Enterprise

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conducted and participated in the conduct of the affairs of the Enterprise were the following:

a. Members and associates of the Enterprise engaged in illicit activities intended to

provide financial benefit to the Enterprise and its members, including distributing

controlled substances and controlling the trafficking of narcotics in certain areas of Santa

Clara County. Specifically, members of the Enterprise acquired narcotics from suppliers.

Members then prepared those narcotics for distribution and sold the narcotics to

downstream dealers or directly to customers. Portions of the profits from these narcotics

sales were shared with other members and with the Enterprise generally.

b. Members and associates of the Enterprise planned and engaged in acts involving

robberies of other individuals suspected of trafficking in controlled substances. Such

robberies were intended to secure additional profits for the Enterprise in the form of

narcotics and currency derived from the sale of narcotics. Members of the Enterprise

oftentimes used violence and threats of violence in connection with this activity,

conducting armed robberies of targets and threatening targets’ lives in order to obtain the

narcotics and currency the members sought.

c. Members and associates of the Enterprise committed and attempted to commit acts

of violence, including acts involving murder, against perceived rival gang members and

others to enhance the Enterprise’s prestige, maintain the authority and vitality of the

Enterprise, increase the status of the Enterprise’s members and associates, protect and

expand the Enterprise’s criminal operations, maintain discipline within its ranks, intimidate

and influence members of the community, and prevent cooperation with law enforcement.

13. At all relevant times to this Indictment, the Enterprise, through its members and associates,

engaged in racketeering activity as defined in 18 U.S.C. § 1959(b)(1) and 1961(1), that is, namely, acts

involving robbery, chargeable under California Penal Code Sections 211, 212.5, 213, 21a, 182, 664, and

31; offenses involving the distribution of controlled substances, in violation of Title 21, United States

Code, Sections 841(a)(1), 843, and 846; and acts and threats involving murder, chargeable under

California Penal Code Sections 187, 188, 189, 182, 21a, 31, and 664.

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COUNT ONE: (18 U.S.C. § 1951(a) – Conspiracy to Commit Hobbs Act Robbery)

14. Beginning on a date unknown to the Grand Jury, but since at least September 2018, and

continuing through at least October 2018, in the Northern District of California and elsewhere, defendants

JOSE GARCIA, a.k.a. “Bones,” JUAN GONZALEZ, a.k.a. “Crazy Indian,” a.k.a. “Trigger,”

PAUL VALENZUELA, a.k.a. “One Eye,” CALEB ELLER, a.k.a. “Chuckles,” a.k.a. “Shank,” and

KYLE LEONIS, a.k.a. “Little Green,”

and others known and unknown to the Grand Jury, knowingly combined, conspired, and agreed together

and with one another to commit robbery, as that term is defined in 18 U.S.C. § 1951(b)(1), which would

have obstructed, delayed, and affected commerce and the movement of articles and commodities in

commerce.

All in violation of Title 18, United States Code, Section 1951(a).

COUNT TWO: (18 U.S.C. §§ 1959(a)(5) – Conspiracy to Commit Murder in Aid of Racketeering)

15. Paragraphs 1 through 13 of this Indictment are realleged and incorporated by reference as

though fully set forth herein.

16. In or about October 2018, in the Northern District of California and elsewhere, for the

purpose of gaining entrance to and maintaining and increasing position in the El Hoyo Palmas, an

enterprise engaged in racketeering activity, defendants


PAUL VALENZUELA, a.k.a. “One Eye,” KYLE LEONIS, a.k.a. “Little Green,” and

JUAN DOMINGUEZ, a.k.a. “Green Eyes,” a.k.a. “Nito,”

and others known and unknown to the Grand Jury, knowingly combined, conspired, and agreed together

and with one another to commit the murder of Victim-1, in violation of California Penal Code Sections

182, 187, 188, and 189 .

All in violation of Title 18, United States Code, Section 1959(a)(5).

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COUNT THREE: (18 U.S.C. §§ 1959(a)(6) – Conspiracy to Commit Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury in Aid of Racketeering)

17. Paragraphs 1 through 13 of this Indictment are realleged and incorporated by reference as

though fully set forth herein.

18. In or about October 2018, in the Northern District of California and elsewhere, for the

purpose of gaining entrance to and maintaining and increasing position in the El Hoyo Palmas, an

enterprise engaged in racketeering activity, defendants


PAUL VALENZUELA, a.k.a. “One Eye,” KYLE LEONIS, a.k.a. “Little Green,” and

JUAN DOMINGUEZ, a.k.a. “Green Eyes,” a.k.a. “Nito,”

and others known and unknown to the Grand Jury, knowingly combined, conspired, and agreed and with

one another to commit assault with a dangerous weapon and assault resulting in serious bodily injury, in

violation of California Penal Code Sections 182 and 245, against Victim-1.

All in violation of Title 18, United State Code, Section 1959(a)(6).

FORFEITURE ALLEGATION: (18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c))

The allegations contained in this Indictment are re-alleged and incorporated by reference for the

purpose of alleging forfeiture pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and Title

28, United States Code, Section 2461(c).

Upon conviction of the offense set forth in Count One of this Indictment, the defendants,


PAUL VALENZUELA, a.k.a. “One Eye,” CALEB ELLER, a.k.a. “Chuckles,” a.k.a. “Shank,” and

KYLE LEONIS, a.k.a. “Little Green,”

shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title

28, United States Code, Section 2461(c), any property, real or personal, which constitutes or is derived

from proceeds traceable to such offense.

If any of the property described above, as a result of any act or omission of the defendants:

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a. cannot be located upon exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided without

difficulty,

the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21,

United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c).

All pursuant to Title 18, United States Code, Sections 981(a)(1)(C), Title 28, United States Code,

Section 2461(c), and Federal Rule of Criminal Procedure 32.2.

DATED: August 12, 2021 A TRUE BILL

_____________________________ FOREPERSON

STEPHANIE M. HINDS Acting United States Attorney

___________________________ KEVIN RUBINO Assistant United States Attorney

DAVID L. JAFFE Chief, Organized Crime and Gang Section

___________________________ ___________________________ REBECCA R. DUNNAN CHRISTINA TAYLOR Trial Attorneys

/s/ Kevin Rubino

/s/ Rebecca R. Dunnan /s/ Christina Taylor

/s/ Foreperson

CRIMINAL COVER SHEET

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